By Jones of Dallas H.B. No. 3099
75R5332 DLF-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of cemeteries and places of burial;
1-3 providing criminal penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 711.001, Health and Safety Code, is
1-6 amended by adding Subdivisions (29) and (30) to read as follows:
1-7 (29) "Professional archeologist" means a person
1-8 certified by the Society of Professional Archeologists or approved
1-9 by the state archeologist as meeting the qualifications for
1-10 certification.
1-11 (30) "Archeological study" means the systematic
1-12 recovery by scientific methods of material evidence from real
1-13 property and the detailed study of the evidence using methods and
1-14 procedures adopted by the Society of Professional Archeologists or
1-15 customarily used by professional archeologists.
1-16 SECTION 2. Section 711.003, Health and Safety Code, is
1-17 amended to read as follows:
1-18 Sec. 711.003. Records of Interment. (a) A record shall be
1-19 kept of each interment in a cemetery. The record must include:
1-20 (1) the date the remains are received;
1-21 (2) the date the remains are interred;
1-22 (3) the name and age of the person interred if those
1-23 facts can be conveniently obtained; and
1-24 (4) the identity of the plot in which the remains are
2-1 interred.
2-2 (b) Records kept under this section are public information
2-3 and shall be made available during regular business hours. A
2-4 reasonable number of copies of records may be obtained so as not to
2-5 interfere with the regular business of the cemetery. If a cemetery
2-6 does not have facilities to maintain the records and make them
2-7 available to the public, the records may be filed with the
2-8 municipal clerk of the municipality in which the cemetery is
2-9 located or in the public library in the county or municipality.
2-10 (c) Records kept under this section shall be filed with the
2-11 county clerk of the county in which the cemetery is located. The
2-12 county clerk may collect a fee for a filing under this subsection
2-13 in an amount permitted by law.
2-14 (d) Records kept under this section shall be filed annually
2-15 with the state archives. The state archives may collect a fee
2-16 under this subsection in an amount reasonable and necessary to
2-17 defray the costs of administering this subsection.
2-18 SECTION 3. Section 711.007, Health and Safety Code, is
2-19 amended by adding Subsections (e) and (f) to read as follows:
2-20 (e) In determining whether to enjoin the use of a cemetery
2-21 or abate a cemetery, the court shall order an archeological study
2-22 to be conducted by a professional archeologist. The person seeking
2-23 the injunction or abatement is liable for the cost of the study.
2-24 The study shall be conducted over an area that extends 150 feet
2-25 beyond the visible boundary of the cemetery.
2-26 (f) A person required to conduct an archeological study has
2-27 a right of access to property on which the study is required to be
3-1 conducted.
3-2 SECTION 4. Section 711.008, Health and Safety Code, is
3-3 amended to read as follows:
3-4 Sec. 711.008. Location of Cemetery. (a) A person may not
3-5 establish or expand a cemetery in a municipality unless the person
3-6 files an application with the governing body of the municipality in
3-7 which the cemetery is proposed to be established or expanded and
3-8 the municipality grants the application [Except as provided by
3-9 Subsections (b), (c), and (k), an individual, corporation,
3-10 partnership, firm, trust, or association may not establish or
3-11 operate a cemetery, or use any land for the interment of remains,
3-12 located:]
3-13 [(1) in or within one mile of the boundaries of a
3-14 municipality with a population of 5,000 to 25,000;]
3-15 [(2) in or within two miles of the boundaries of a
3-16 municipality with a population of 25,000 to 50,000;]
3-17 [(3) in or within three miles of the boundaries of a
3-18 municipality with a population of 50,000 to 100,000;]
3-19 [(4) in or within four miles of the boundaries of a
3-20 municipality with a population of 100,000 to 200,000; or]
3-21 [(5) in or within five miles of the boundaries of a
3-22 municipality with a population of at least 200,000.]
3-23 [(b) Subsection (a) does not apply to:]
3-24 [(1) a cemetery heretofore established and operating;
3-25 or]
3-26 [(2) the establishment and use of a columbarium by an
3-27 organized religious society or sect as part of or attached to the
4-1 principal church building owned by the society or sect].
4-2 (b) [(c)] A cemetery organization operating a cemetery that
4-3 heretofore was used and maintained in a municipality [inside the
4-4 limits prescribed by Subsection (a)] may acquire land that is
4-5 adjacent but not necessarily contiguous to the cemetery for
4-6 cemetery purposes if additional land is required. That land may
4-7 only be used as an addition to the cemetery. A cemetery
4-8 organization must comply with the application requirements under
4-9 Subsection (a).
4-10 (c) The governing body of a municipality by ordinance shall
4-11 prescribe the information required in an application filed under
4-12 this section or under regulations adopted by the governing body.
4-13 (d) The governing body of a municipality shall conduct a
4-14 public hearing on the application after publishing notice in a
4-15 newspaper of general circulation in the municipality not more than
4-16 60 days or less than 30 days before the hearing begins. In
4-17 addition, the person seeking to establish or expand the cemetery
4-18 shall give notice within that period by certified mail to each
4-19 property owner whose land is located within 200 feet of the
4-20 boundaries of the cemetery or proposed cemetery and to all
4-21 surviving owners of plats within 200 feet of the boundaries in an
4-22 existing cemetery.
4-23 (e) The person who files the application shall pay the costs
4-24 for providing notice under Subsection (d).
4-25 (f) The governing body may grant the application if it
4-26 determines that the establishment or use of the cemetery does not
4-27 adversely affect public health, safety, and welfare.
5-1 (g) Before the person may establish or use the cemetery, the
5-2 application must be granted by each municipality required to
5-3 receive an application under this section.
5-4 (h) This section does not apply to:
5-5 (1) a family, fraternal, or community cemetery of less
5-6 than five acres; or
5-7 (2) a church, a religious society or denomination, or
5-8 an organization solely administering the temporalities of a church
5-9 or religious society or denomination [(d) Subsection (a) does not
5-10 apply to a cemetery established and operating before September 1,
5-11 1995, in a county with a population of more than 217,250 and less
5-12 than 217,450 that borders the Gulf of Mexico.]
5-13 [(e) For the purpose of determining where a cemetery may be
5-14 located under Subsection (a), the boundary of an area annexed by a
5-15 municipality is not considered to be a boundary of the municipality
5-16 if no more than 10 percent of the boundary of the annexed area is
5-17 composed of a part of the boundary of the annexing municipality as
5-18 it existed immediately before the annexation.]
5-19 [(k) This subsection applies only to a municipality with a
5-20 population of 100,000 or more that is located in a county with a
5-21 population of less than 120,000. Not later than September 1, 1994,
5-22 a person may file a written application with the governing body of
5-23 the municipality to establish or use a cemetery located inside the
5-24 boundaries of the municipality. The municipality by ordinance
5-25 shall prescribe the information to be included in the application.
5-26 The governing body by ordinance may authorize the establishment or
5-27 use of a cemetery located inside the boundaries of the municipality
6-1 if the municipality determines and states in the ordinance that the
6-2 establishment or use of the cemetery does not adversely affect
6-3 public health, safety, and welfare].
6-4 SECTION 5. Subchapter A, Chapter 711, Health and Safety
6-5 Code, is amended by adding Sections 711.010-711.015 to read as
6-6 follows:
6-7 Sec. 711.010. LOCAL STANDARDS; CEMETERY ADVISORY BOARD. (a)
6-8 The governing body of a county or municipality may adopt
6-9 regulations to preserve and protect cemeteries in the county or
6-10 municipality and to provide standards of operation and
6-11 maintenance. If there is a conflict in regulations adopted by a
6-12 county and by a municipality, the regulations of the municipality
6-13 control.
6-14 (b) The governing body of a county or municipality may adopt
6-15 this subtitle or parts of this subtitle and may adopt additional
6-16 regulations providing standards for cemeteries in the county or
6-17 municipality to protect the health, safety, and welfare of the
6-18 residents of the county or municipality.
6-19 (c) The governing body of a county or municipality may
6-20 appoint a cemetery advisory board composed of five members to
6-21 advise the governing body concerning standards of operation and
6-22 maintenance, including the physical appearance, of cemeteries or
6-23 parts of cemeteries located in the county or municipality.
6-24 Sec. 711.011. DESTRUCTION OF CEMETERY. (a) A property
6-25 owner may not intentionally destroy, damage, or desecrate a
6-26 cemetery located on or partly on the person's property and shall
6-27 repair any damage intentionally or negligently done to the cemetery
7-1 by the person.
7-2 (b) A property owner shall undertake reasonable efforts to
7-3 determine whether a cemetery is located on property owned by the
7-4 person before allowing any improvements to be constructed on the
7-5 property.
7-6 (c) A person commits an offense if the person violates
7-7 Subsection (a). An offense under this subsection is a felony of
7-8 the third degree.
7-9 (d) This section is cumulative and in addition to any
7-10 provision of the Penal Code.
7-11 Sec. 711.012. DISCOVERY OF CEMETERY DURING CONSTRUCTION.
7-12 (a) A person who discovers an unknown, abandoned cemetery during
7-13 construction may not continue the construction in a manner that
7-14 would further disturb the cemetery until the person has sought and
7-15 obtained a court order abating the cemetery and enjoining its
7-16 continuance.
7-17 (b) A district court of the county in which the construction
7-18 is occurring may authorize the removal of all bodies, monuments,
7-19 tombs, or similar items from the cemetery to a perpetual care
7-20 cemetery.
7-21 (c) The person required to abate the cemetery and relocate
7-22 the graves shall pay the costs of relocation.
7-23 (d) If a district court authorizes the removal of graves,
7-24 the court shall order an archeological study to be conducted by a
7-25 professional archeologist. The archeologist shall monitor the
7-26 removal and relocation to ensure that all human remains are removed
7-27 and relocated. The archeological costs are part of the costs of
8-1 relocation.
8-2 Sec. 711.013. FILING RECORD OF UNKNOWN CEMETERY. (a) A
8-3 person who discovers an unknown, abandoned cemetery shall file
8-4 notice of the cemetery with the county clerk of the county in which
8-5 the cemetery is located.
8-6 (b) A county clerk may not charge a fee for filing notice
8-7 under this section.
8-8 Sec. 711.014. GRAVE MARKERS AND HEADSTONES. (a) A person
8-9 may not require another person, by regulation or otherwise, to
8-10 purchase a grave marker or headstone from a particular vendor or
8-11 manufacturer.
8-12 (b) A person may not require, by resolution or otherwise,
8-13 that a grave marker or headstone be set in place by a particular
8-14 person or charge a fee for setting the markers unless employed to
8-15 do so by the plot owner or the person authorized to act for the
8-16 plot owner.
8-17 (c) A cemetery association may establish a reasonable fee
8-18 for the location, supervision, and amendment of records related to
8-19 the installation of markers and headstones.
8-20 (d) A cemetery association may require that persons
8-21 installing headstones or markers provide proof of adequate general
8-22 liability and workers' compensation insurance coverage.
8-23 Sec. 711.015. NOTICE OF CHANGE IN USE. (a) If there is a
8-24 proposed change in use of a part of a cemetery, the cemetery owner
8-25 or organization shall send notice by certified mail to each
8-26 surviving person who owns a plot within 200 feet of the boundaries
8-27 of that change in use. The notice shall be sent not more than 60
9-1 days or less than 30 days before the public hearing on the change
9-2 and must state the time and place of the public hearing.
9-3 (b) The provisions of this chapter governing the
9-4 establishment or expansion of a cemetery apply to a change in use
9-5 of a cemetery.
9-6 SECTION 6. Section 711.024, Health and Safety Code, is
9-7 amended to read as follows:
9-8 Sec. 711.024. AUTHORITY OF [NONPROFIT] CEMETERY ORGANIZATION
9-9 [CORPORATION]. (a) A [nonprofit] cemetery organization
9-10 [corporation] organized by plot owners may divide cemetery property
9-11 into lots and subdivisions for cemetery purposes and charge
9-12 assessments on the property for the purposes of general improvement
9-13 and maintenance.
9-14 (b) An owner, director, or board of directors of a cemetery
9-15 organization may not remove a dedication from property dedicated
9-16 for cemetery purposes except as provided by this chapter.
9-17 SECTION 7. Section 711.031, Health and Safety Code, is
9-18 amended by adding Subsection (d) to read as follows:
9-19 (d) A rule adopted by a cemetery association may not be less
9-20 stringent than or conflict with a regulation adopted by the
9-21 governing body of the county or municipality in which the cemetery
9-22 is located.
9-23 SECTION 8. Sections 711.033(b) and (d), Health and Safety
9-24 Code, are amended to read as follows:
9-25 (b) A cemetery organization that acquires property may
9-26 record title to its property with the county clerk of the county in
9-27 which the property is located if its president and secretary or
10-1 other authorized officer acknowledge a declaration executed by the
10-2 cemetery organization that describes the property and declares the
10-3 cemetery organization's intention to use the property or a part of
10-4 the property for interment purposes. The declaration shall be
10-5 filed with the county clerk of the county or the clerk of the
10-6 municipality in which the property is located.
10-7 (d) A cemetery organization may by condemnation acquire
10-8 property in which remains are to [may] be interred, and the
10-9 acquisition of that property is for a public purpose.
10-10 SECTION 9. Sections 711.034(b) and (e), Health and Safety
10-11 Code, are amended to read as follows:
10-12 (b) The cemetery organization shall file the map or plat
10-13 with the county clerk of each county and the clerk of each
10-14 municipality in which the property or any part of the property is
10-15 located. A filing fee may not be charged under this section.
10-16 (e) The certificate or declaration may not contain a
10-17 provision permitting the directors by order to resurvey and change
10-18 the shape and size of the property for which the associated map or
10-19 plat is filed without applying to the governing body of the county
10-20 or municipality in which the cemetery is located and obtaining its
10-21 approval [if that change does not disturb any interred remains].
10-22 If a change is made, the cemetery organization shall file an
10-23 amended map or plat and shall indicate any change in a specific
10-24 unique number assigned to a plot, crypt, lawn crypt, or niche.
10-25 SECTION 10. Section 711.036, Health and Safety Code, is
10-26 amended to read as follows:
10-27 Sec. 711.036. REMOVAL OF DEDICATION FOR ANY TYPE OF
11-1 CEMETERY. (a) Land that is or has been dedicated for cemetery
11-2 purposes shall remain dedicated until the dedication is removed by
11-3 a district court as provided by this section. This section applies
11-4 to a perpetual care cemetery, nonperpetual care cemetery, or profit
11-5 or nonprofit cemetery.
11-6 (b) A [cemetery organization may petition a] district court
11-7 of a [the] county in which a [its] dedicated cemetery is located
11-8 may, by order, [to] remove the dedication [with respect to all or
11-9 any portion of the cemetery] if[:]
11-10 [(1)] all the remains have been removed from that
11-11 portion of the cemetery where the dedication is to be removed in
11-12 accordance with this section[; or]
11-13 [(2) no interments were made in that portion of the
11-14 cemetery where the dedication is to be removed and that portion of
11-15 the cemetery is not used or necessary for interment purposes.]
11-16 [(b) The court shall order the removal of the dedication on
11-17 notice and proof satisfactory to the court].
11-18 (c) A cemetery organization may not remove any remains from
11-19 an existing grave in a cemetery until the organization has
11-20 petitioned a district court in the county in which the cemetery is
11-21 located for a court order abating the use of that portion of the
11-22 cemetery for cemetery purposes and enjoining its continuance as a
11-23 cemetery.
11-24 (d) A district court of the county in which the cemetery is
11-25 located may authorize the removal of all bodies, monuments, tombs,
11-26 or similar items from the portion of the cemetery to another
11-27 portion of the cemetery or to a perpetual care cemetery if the
12-1 court finds that the cemetery organization has notified all living
12-2 owners of plots in the cemetery and, to the extent the cemetery has
12-3 in its records that information, a surviving relative of each
12-4 person whose remains are to be moved and has given those persons so
12-5 notified an opportunity to protest the removal of the dedication.
12-6 The court shall consider the reason for the removal of the
12-7 dedication and the protests of plot owners and survivors of plot
12-8 owners. The court may not permit the removal of a cemetery
12-9 dedication for the construction of a public road or highway or the
12-10 construction of any commercial, funeral, or residential building on
12-11 the dedicated property.
12-12 (e) The cemetery organization seeking to remove the
12-13 dedication shall pay for the cost of relocation of graves.
12-14 (f) A dedication may not be removed until the cemetery
12-15 organization seeking the removal has conducted an archeological
12-16 study by a professional archeologist.
12-17 (g) If the court authorizes the removal of the cemetery
12-18 dedication, the court shall order the cemetery organization to
12-19 employ a professional archeologist to monitor the removal and
12-20 relocation of the remains to ensure that all human remains are
12-21 removed. All costs of the archeologist's services shall be paid by
12-22 the cemetery organization seeking the removal of the dedication.
12-23 (h) A proceeding may be brought by:
12-24 (1) the governing body of a municipality if the
12-25 cemetery is located in the municipality or not farther than five
12-26 miles from the municipality;
12-27 (2) a district attorney of the county, if the cemetery
13-1 is located in an area of the county not described by Subdivision
13-2 (1);
13-3 (3) the owner of property situated so that its value
13-4 is affected by the cemetery; or
13-5 (4) the owner, operator, director, board of directors,
13-6 other governing board, or chairman of a cemetery.
13-7 (i) An owner, operator, director, board of directors, other
13-8 governing board, or chairman of a cemetery may not unilaterally
13-9 remove the dedication of a cemetery.
13-10 SECTION 11. Section 28.03(f), Penal Code, is amended to read
13-11 as follows:
13-12 (f) An offense under this section is a felony of the third
13-13 degree [state jail felony] if the damage or destruction is
13-14 inflicted on a place of worship or human burial, a public monument,
13-15 or a community center that provides medical, social, or educational
13-16 programs and the amount of the pecuniary loss to real property or
13-17 to tangible personal property is less than $20,000.
13-18 SECTION 12. Section 31.03, Penal Code, is amended by adding
13-19 Subsection (i) to read as follows:
13-20 (i) A person who receives a tombstone or vase from another
13-21 is presumed to know that the tombstone or vase has been previously
13-22 stolen from a cemetery or place of burial unless the tombstone or
13-23 vase is a new tombstone or vase that has never been used at a
13-24 burial site and the tombstone or vase is accompanied by a receipt
13-25 for purchase from a burial products supplier.
13-26 SECTION 13. Section 42.08(b), Penal Code, is amended to read
13-27 as follows:
14-1 (b) An offense under this section is a felony of the third
14-2 degree [Class A misdemeanor].
14-3 SECTION 14. Title 9, Natural Resources Code, is amended by
14-4 adding Chapter 192 to read as follows:
14-5 CHAPTER 192. DISCOVERY OF BURIALS
14-6 Sec. 192.001. DEFINITIONS. In this chapter:
14-7 (1) "Burial" means a marked or unmarked place,
14-8 excavation, or construction, including a pit, tomb, cairn, mound,
14-9 or other facility in this state made or used for interment of human
14-10 remains or burial objects.
14-11 (2) "Burial object" means an object located in a
14-12 burial, including an item of personal adornment, a casket or casket
14-13 hardware, or other similar objects or materials of archeological
14-14 significance.
14-15 (3) "Commission" means the Texas Historical
14-16 Commission.
14-17 (4) "Human remains" means the physical remains of a
14-18 human body, including bone, teeth, mummified flesh, and ash found
14-19 within a burial.
14-20 (5) "Medical examiner" means a person appointed under
14-21 Section 2, Article 49.25, Code of Criminal Procedure.
14-22 (6) "Professional archeologist" means a person:
14-23 (A) certified by the Society of Professional
14-24 Archeologists; or
14-25 (B) approved by the state archeologist as
14-26 meeting the training and experience requirements for certification.
14-27 (7) "State archeologist" means the person employed by
15-1 the Texas Historical Commission under Section 442.007, Government
15-2 Code.
15-3 Sec. 192.002. DISCOVERY OF BURIAL. (a) Except as provided
15-4 by Subsection (b), a person who discovers a burial shall stop any
15-5 activity that may disturb the burial and notify the medical
15-6 examiner who has authority over the area in which the burial is
15-7 located or, if there is no medical examiner for the area, a justice
15-8 of the peace for the county in which the burial is located.
15-9 (b) A person who discovers a burial during an archeological
15-10 investigation conducted by a professional archeologist shall stop
15-11 any activity that may disturb the burial and notify the
15-12 archeologist in charge of the investigation.
15-13 (c) Activity that may disturb the burial may not resume
15-14 without the approval of the medical examiner, justice of the peace,
15-15 or archeologist.
15-16 Sec. 192.003. INVESTIGATION BY ARCHEOLOGIST. (a) An
15-17 archeologist notified under Section 192.002 shall immediately
15-18 investigate the burial and stop any activity that may disturb the
15-19 burial.
15-20 (b) If the archeologist finds that the burial is that of a
15-21 person who has been dead less than 75 years, the archeologist shall
15-22 notify the medical examiner or justice of the peace, as
15-23 appropriate.
15-24 (c) If the archeologist finds that the burial is that of a
15-25 person who has been dead 75 years or longer, the archeologist shall
15-26 notify the state archeologist immediately.
15-27 (d) Not later than the 15th day after the date the
16-1 archeologist notifies the state archeologist, the archeologist
16-2 shall:
16-3 (1) report to the state archeologist on the cultural
16-4 and biological characteristics of the burial; and
16-5 (2) recommend temporary disposition of any human
16-6 remains or burial objects.
16-7 Sec. 192.004. TEMPORARY JURISDICTION OVER BURIAL FOUND ON
16-8 PRIVATE LAND. (a) After oral or written notice to the owner of
16-9 private land on which a burial is found, the commission has
16-10 temporary jurisdiction over the burial and associated human remains
16-11 for the purpose of protecting, studying, and determining the
16-12 appropriate disposition of the burial and associated remains as
16-13 provided by Section 192.005.
16-14 (b) On or before the 60th day after the date the commission
16-15 assumes temporary jurisdiction, the commission shall provide the
16-16 landowner a proposed work plan that includes a description of the
16-17 physical boundaries of the burial location and the proposed period
16-18 during which temporary jurisdiction will be assumed. The proposed
16-19 work plan is effective on written approval of the landowner.
16-20 (c) The commission's assumption of temporary jurisdiction
16-21 over a burial on private land does not allow public access on the
16-22 private land.
16-23 Sec. 192.005. DISPOSITION OF BURIAL. (a) The state
16-24 archeologist shall determine the proper disposition of a burial
16-25 provided by this section.
16-26 (b) Before making a disposition, the state archeologist
16-27 shall:
17-1 (1) determine the historical, archeological, or
17-2 scientific significance of the burial and associated human remains
17-3 and burial objects;
17-4 (2) appoint a bioarcheologist to examine the burial or
17-5 remains and objects the state archeologist considers significant;
17-6 and
17-7 (3) make reasonable efforts to identify and locate
17-8 persons who can establish direct kinship or community relationships
17-9 with a person whose remains are found at the burial.
17-10 (c) If the state archeologist is able to identify and locate
17-11 persons who can establish direct kinship or community relationships
17-12 with a person whose remains are found at the burial, the state
17-13 archeologist shall consult with the persons and appropriate persons
17-14 in the community on the proper disposition of the burial.
17-15 (d) The state archeologist who is making a disposition of a
17-16 burial over which the commission has temporary jurisdiction must
17-17 provide to the person who owns the land on which the burial is
17-18 located an opportunity to be heard by the state archeologist.
17-19 (e) The state archeologist may recommend, as part of the
17-20 disposition of the burial under this section, that the commission
17-21 assume permanent jurisdiction over the burial and associated human
17-22 remains or burial objects.
17-23 Sec. 192.006. PERMANENT JURISDICTION OVER BURIAL FOUND ON
17-24 PRIVATE LAND. (a) After the state archeologist has made a
17-25 disposition concerning a burial found on private land in which the
17-26 state archeologist recommends that the commission assume permanent
17-27 jurisdiction over the burial and associated human remains or burial
18-1 objects, and the landowner has given approval, the commission may
18-2 assume the jurisdiction.
18-3 (b) The commission's assumption of permanent jurisdiction
18-4 over a burial on private land does not allow public access on the
18-5 private land.
18-6 Sec. 192.007. REPORT TO STATE ARCHEOLOGIST. (a) A
18-7 professional archeologist or bioarcheologist who conducts an
18-8 archeological investigation or scientific analysis of a burial and
18-9 associated human remains or burial objects recovered from private
18-10 land shall submit a report of the findings to the state
18-11 archeologist before the first anniversary of the date that the
18-12 investigation is completed.
18-13 (b) Within two weeks of receiving the findings, the state
18-14 archeologist shall submit a copy of the findings to the owner of
18-15 the land on which the site is located.
18-16 (c) The archeologist or bioarcheologist retains all rights
18-17 regarding publication of those findings.
18-18 Sec. 192.008. EXCAVATION NOT REQUIRED. This chapter
18-19 requires excavation of a human burial only if excavation is
18-20 necessary to prevent destruction of the remains or associated
18-21 burial objects.
18-22 Sec. 192.009. EXPIRATION. If a suitable means cannot be
18-23 found by September 1, 2002, to compensate the private landowner for
18-24 the past and future assumption of jurisdiction of burial sites, the
18-25 authority of this state to assume jurisdiction on private land
18-26 terminates.
18-27 Sec. 192.010. DISTURBING A BURIAL. (a) A person commits an
19-1 offense if the person intentionally or knowingly:
19-2 (1) disturbs, damages, or destroys a burial or a
19-3 burial marker;
19-4 (2) removes any human remains or burial objects from a
19-5 burial; or
19-6 (3) buys, sells, or barters human remains.
19-7 (b) An offense under Subsection (a) is a felony of the third
19-8 degree.
19-9 (c) A person commits an offense if the person knows that a
19-10 burial is being disturbed, damaged, or destroyed and the person
19-11 intentionally or knowingly fails to notify a law enforcement agency
19-12 whose jurisdiction includes the site of the burial that the burial
19-13 is being disturbed, damaged, or destroyed.
19-14 (d) An offense under Subsection (c) is a Class A
19-15 misdemeanor.
19-16 (e) It is an exception to the application of this section
19-17 that the human remains or burial object was recovered under:
19-18 (1) Chapter 191, Natural Resources Code; or
19-19 (2) any applicable federal law, rule, or executive
19-20 order, including:
19-21 (A) 16 U.S.C. Sections 469-469c-1;
19-22 (B) Subchapter II, Chapter 1A, Title 16, United
19-23 States Code;
19-24 (C) Executive Order No. 11,593, 36 C.F.R. 8921;
19-25 (D) 36 C.F.R., Part 800; or
19-26 (E) the Archaeological Resources Protection Act
19-27 of 1979, 16 U.S.C. Section 470aa et seq.
20-1 (f) On conviction of an accused under this section, the
20-2 state assumes jurisdiction as provided by this chapter over any
20-3 human remains or burial objects associated with the offense.
20-4 (g) If conduct constituting an offense under this section
20-5 also constitutes an offense under a section of the Penal Code, the
20-6 person may be prosecuted under either section.
20-7 SECTION 15. (a) The changes in law made by this Act apply
20-8 only to an offense committed on or after the effective date of this
20-9 Act. For purposes of this section, an offense is committed before
20-10 the effective date of this Act if any element of the offense occurs
20-11 before that date.
20-12 (b) An offense committed before the effective date of this
20-13 Act is covered by the law in effect when the offense was committed,
20-14 and the former law is continued in effect for that purpose.
20-15 SECTION 16. This Act takes effect September 1, 1998.
20-16 SECTION 17. The importance of this legislation and the
20-17 crowded condition of the calendars in both houses create an
20-18 emergency and an imperative public necessity that the
20-19 constitutional rule requiring bills to be read on three several
20-20 days in each house be suspended, and this rule is hereby suspended.